Website Terms of Use

Effective Date: August 21^st, 2024

The website located at thumbo.app (the “Site”) is a copyrighted work belonging to THUMBO, INC., a Delaware corporation (“Company”, “us”, “our”, and “we”).  Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (TOGETHER WITH OUR PRIVACY POLICY, THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE.  BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS.  If you are accessing the Site as an authorized employee or service provider to an enterprise customer of Company (a “Customer”) pursuant to a separate agreement between Company and such Customer (an “Enterprise Agreement”), the terms of the Enterprise Agreement will supersede any conflicting terms set forth herein. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

PLEASE BE AWARE THAT SECTION 10.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 10.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 10.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION 10.2 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US IN A COURT OF LAW AND TO HAVE A JURY TRIAL IN CONNECTION WITH ANY SUCH DISPUTE OR CLAIM.

 

1. 1. Accounts
      1. Account Creation.  In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent, warrant and covenant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site.  Company may suspend or terminate your Account in accordance with Section 8.

       

      1. 1. Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1. 1. Access to the Site
      1. License.  Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
      1. Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
      1. Modification.  Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you.  You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
      1. No Support or Maintenance.  You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
      1. Ownership.  Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.  Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted under these Terms.

       

      1. 1. Feedback.  If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate, except to the extent prohibited by applicable law.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.  You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

1. 1. User Content
      1. User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile, profile photographs, photos captured for use on videoboards, or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
      1. License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site and, where applicable, displaying specific User Content (such as Game Day Photos) on venue videoboards or jumbotrons during events. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. By submitting a photo via the “Game Day” or “Jumbotron” feature, you explicitly consent to the public display of your likeness on the venue’s videoboard.
      1. Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy”:
         1. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that, in Company’s discretion: (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party. You specifically agree that any image submitted for display on a venue videoboard/jumbotron will be appropriate for a general, all-ages audience and will not contain offensive gestures, nudity, or inappropriate text.
         1. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site.

       

      1. 1. Enforcement.  We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

1. 1. Indemnification.  

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) any dispute between you and any Customer, or (e) your User Content.  Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any such matter without the prior written consent of Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

• • Third-Party Links & Ads; Other Users
    • Third-Party Links & Ads.  The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
    • Other Users.  Each Site user is solely responsible for any and all of its own User Content.  Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content.  Your interactions with other Site users are solely between you and such users.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user or you and any Customer, we are under no obligation to become involved.

     

    • • Release.  You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

• • Disclaimers

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

• • Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

• • Term and Termination.  

Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6, Section 3 and Sections 4 through 10.

 

• • Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

 

1. 1. your physical or electronic signature;

1. 1. identification of the copyrighted work(s) that you claim to have been infringed;

1. 1. identification of the material on our services that you claim is infringing and that you request us to remove;

1. 1. sufficient information to permit us to locate such material;

1. 1. your address, telephone number, and e-mail address;

1. 1. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

1. 1. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

1. 1. General
      1. Supplemental Terms; Changes.  Supplemental terms and conditions or documents that may be posted on the Site from time to time (including, without limitation, our Privacy Policy) are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Effective Date” of these Terms, and we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification), and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

       

      1. 1. Dispute Resolution. Please read the following arbitration agreement in this Section (the “Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Company Parties”) and limits the manner in which you can seek relief from the Company Parties.
            1. Applicability of Arbitration Agreement.  You agree that any dispute between you and any of the Company Parties relating in any way to the Site, the services offered on the Site (the “Services”) or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies.  Such agencies can, if the law allows, seek relief against the Company Parties on your behalf.  For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of these Terms.

             

            1. 1. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: veronica@thumbo.app, or by regular mail to 31 Vista Rd, Roslyn Heights NY 11577. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

 

• • Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Subsection 10.2(h) is triggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.

You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

 

• • Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class or Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class or Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator.  The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
    • Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 10.2(A)  YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in Section 10.2(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 
    • Waiver of Class or Other Non-Individualized Relief.  YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 10.2(H)  EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the Subsection 10.2(h) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class or Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide settlement of claims.
    • Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

     

    • • Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of one hundred (100) Requests per batch (plus, to the extent there are less than one hundred (100) Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company.

You and Company agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

 

• • 30-Day Right to Opt Out.  You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: 31 Vista Rd, Roslyn Heights NY 11577, or email to veronica@thumbo.app, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
    • Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
    • Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: 31 Vista Rd Roslyn Heights, NY 11577, or email to veronica@thumbo.app.  Unless you reject the change within thirty (30) days of such change becoming effective by writing to Company in accordance with the foregoing, your continued use of the Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site, any communications you receive, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms. 
    • Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
    • Disclosures.  Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    • Communicating with You.  All personal information we collect through Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by Company with respect to your personal information in compliance with the Privacy Policy. You hereby consent to receiving communications in any form from Company in connection with the Site, including but not limited to the following: by mail, by electronic mail, by telephone (landline or wireless), by website or in-app messaging, by push notification and by text messages (i.e., SMS and/or MMS communications). Furthermore, you hereby consent to receiving calls or text messages from Company in connection with the Site made to wireless telephone numbers that are automatically dialed and/or include pre-recorded messages. The foregoing does not affect your non-waivable rights.
    • Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.
    • Copyright/Trademark Information.  Copyright © 2024 THUMBO, INC. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Company or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

     

    • • Contact Information:

Veronica Falzone

Address:

31 Vista Rd, Roslyn Heights, NY 11577

Telephone: 6466781308

Email: veronica@thumbo.app

PRIVACY POLICY

Effective Date: August 21st, 2024

This Privacy Policy for THUMBO, INC., a Delaware corporation (“Company,” “we,” “us,” or “our”), describes how and why we might collect, store, use, and/or share (“process”) your personal information when you use our services (“Services”), such as when you:

 

• • Visit our website at https://thumbo.app/, or any website of ours that links to this Privacy Policy (collectively, the “Site”); or

• • Use our application(s), such as our mobile website application — Thumbo, or any other application of ours that links to this Privacy Policy.

Upon creating an account and logging into the Services, you are agreeing to the terms of this Privacy Policy. If you have any questions or concerns, please contact us at veronica@thumbo.app.

SUMMARY OF KEY POINTS

This summary provides key points from our Privacy Policy:

 

1. 1. What personal information do we process? We process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use.

1. 1. Do we process any sensitive personal information? We do not process any sensitive personal information on our users.

1. 1. Do you receive any personal information from third parties? We may receive personal information from public databases, marketing partners, social media platforms, and other outside sources.

1. 1. How do you process my personal information? We process your personal information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We process your information only when we have a valid legal basis for doing so.

1. 1. In what situations and with which types of parties do we share personal information? We do not share personal information with third parties other than our customers and their sponsors. Thumbo acts as a software provider to our customers that facilitates data sharing and handling for the teams/organizations and their sponsors using our Services.

1. 1. How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure.

1. 1. What are your rights? Depending on your location, you may have certain rights regarding your personal information under applicable privacy law.

1. 1. How do I exercise my rights? You can exercise your rights by contacting us. We will consider and act upon any request in accordance with this Privacy Policy and applicable data protection laws.

More details about Thumbo’s data handling practices:

TABLE OF CONTENTS

 

1. 1. WHAT PERSONAL INFORMATION DO WE COLLECT?

1. 1. HOW DO WE PROCESS YOUR PERSONAL INFORMATION?

1. 1. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?

1. 1. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

1. 1. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

1. 1. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

1. 1. IS YOUR PERSONAL INFORMATION TRANSFERRED INTERNATIONALLY?

1. 1. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

1. 1. HOW DO WE KEEP YOUR PERSONAL INFORMATION SAFE?

1. 1. DO WE COLLECT PERSONAL INFORMATION FROM MINORS?

1. 1. WHAT ARE YOUR PRIVACY RIGHTS?

1. 1. CONTROLS FOR DO-NOT-TRACK FEATURES

1. 1. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

1. 1. DO WE MAKE UPDATES TO THIS POLICY?

1. 1. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

1. 1. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT PERSONAL INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you sign up with Thumbo, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

• Name

• Phone Number

• Email Address

• Age Group

• Zip Code

• Profile Pictures

• Game Day/Jumbotron Photos

Sensitive Personal Information. We do not collect or process sensitive personal information.

Payment Data. We currently do not collect data around processing payments.

Application Data. If you use our application(s), we also may collect the following information if you choose to provide us with access or permission:

• • Camera and Image Data: In order to utilize the Profile Picture or Game Day/Jumbotron features, we require access to your device’s camera and photo library. We collect the images you explicitly choose to upload or capture.

• • Mobile Device Data: We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information, system configuration information, device and application identification numbers, browser type and version, hardware model, Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information.

This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, information about your activity in the Services (such as date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take), device event information (such as system activity, error reports, and hardware settings).

Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

2. HOW DO WE PROCESS YOUR PERSONAL INFORMATION?

• • In Short: We process your personal information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your personal information for other purposes with your consent.

    We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

    • To facilitate account creation and authentication and otherwise manage user accounts. We may process your personal information so you can create and log in to your account, as well as keep your account in working order.

    • To manage user profiles. We process the Profile Picture you upload to identify you within the app and display your avatar to you and other users.

    • To facilitate the Game Day/Jumbotron Experience. We process photos captured via the Game Day camera feature strictly to: (1) display the photo on your device within the web app, and (2) transmit the photo to the venue for display on the videoboard/jumbotron. We do not use Game Day photos for marketing, advertising, or machine learning training purposes without your explicit additional consent.

    • To deliver and facilitate delivery of services to the user. We may process your personal information to provide you with the requested service.

    To respond to user inquiries/offer support to users. We may process your personal information to respond to your inquiries and solve any potential issues you might have with the requested service.

• • To send administrative information to you. We may process your personal information to send you details about our products and services, changes to our terms and policies, and other similar information.

• • To enable user-to-user communications. We may process your personal information if you choose to use any of our offerings that allow for communication with another user.

• • To request feedback. We may process your personal information when necessary to request feedback and to contact you about your use of our Services.

• • To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see “WHAT ARE YOUR PRIVACY RIGHTS?” below.

• • To protect our Services. We may process your personal information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.

• • To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.

• • To determine the effectiveness of our marketing and promotional campaigns. We may process your personal information to better understand how to provide marketing and promotional campaigns that are most relevant to you.

• • To save or protect an individual’s vital interest. We may process your personal information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services, to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

 

• • Consent. We may process your personal information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.

• • Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.

• • Legitimate Interests. We may process your personal information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
    • Send users information about special offers and discounts on our products and services;
    • Analyze how our services are used so we can improve them to engage and retain users;
    • Support our marketing activities;
    • Diagnose problems and/or prevent fraudulent activities; and

     

    • • Understand how our users use our products and services so we can improve user experience.

• • Legal Obligations. We may process your personal information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your personal information as evidence in litigation in which we are involved.

• • Vital Interests. We may process your personal information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

In legal terms, we generally act as a “data controller” under American data protection laws regarding the personal information described in this Privacy Policy. This means we determine the means and purposes of the data processing we perform to provide our services as a software provider.

However, please note the following:

 

• • Data Processor Role: This Privacy Policy does not apply to personal information we process as a “data processor” on behalf of our customers. In these cases, our customers, such as sports teams or organizations, are the “data controllers” responsible for your personal information. We process your personal information strictly on their behalf and according to their instructions. If you have questions about how your data is handled by our customers, please refer to their respective privacy policies and direct inquiries to them.

If you are located in Canada, this section applies to you.

We may process your personal information when we have obtained specific permission (i.e., express consent) to use your personal information for a specific purpose, or where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your personal information without your consent, including, for example:

 

• • Situations where collection is clearly in the interests of an individual and obtaining consent is impractical or impossible;

• • Investigations and fraud detection and prevention purposes;

• • Business transactions where certain conditions are met; or

• • Legal obligations or to comply with court orders or rules.

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share your personal information in specific situations described in this section and/or with the following categories of third parties.

Vendors, Consultants, and Other Third-Party Service Providers: We may share your personal information with third-party vendors, service providers, contractors, or agents (“third parties”) who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. They are prohibited from using your personal information for any purpose other than to provide assistance and services for us. Examples of third-party service providers we use include:

 

• • Cloud Computing Services

• • Data Analytics Services

• • Payment Processors

• • Website Hosting Service Providers

Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Affiliates: We may share your information with our affiliates, including our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us. These affiliates will be required to honor this Privacy Policy.

Business Partners: We may share your information with our business partners to offer you certain products, services, or promotions.

Other Users: When you share personal information or otherwise interact in public areas of the Services, such information may be viewed by all users and may be publicly made available outside the Services in perpetuity. If you interact with other users of our Services and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity.

5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short: We are not responsible for the safety of any personal information that you share with third parties linked to or advertised on our Services, but not affiliated with us.

Our Services may include links to third-party websites, online services, or mobile applications, as well as advertisements from third parties that are not affiliated with us and may link to other websites, services, or applications. We do not guarantee the reliability or security of these third parties, and we are not liable for any loss or damage resulting from your use of their websites, services, or applications. Including a link or advertisement to a third-party website, service, or application does not imply endorsement by us. The privacy practices and policies of these third parties, including their content and security practices, are not governed by this Privacy Policy. We encourage you to review their policies and contact them directly with any questions.

6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: Yes, we may use cookies and similar tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies such as web beacons and pixels to collect and store information. For more details on how we use these technologies and how you can manage your preferences regarding certain cookies, please refer to our Cookie Notice: [https://wordpress.org/about/privacy/cookies/].

7. IS YOUR PERSONAL INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: Your personal information may be transferred to and processed in the United States and other countries.

Our servers are located in the United States. If you access our Services from outside the United States, please be aware that your personal information may be transferred to, stored, and processed by us and our service providers in the United States and other countries. These countries may not have the same data protection laws as your jurisdiction. However, we will protect your personal information as described in this Privacy Policy and in compliance with applicable laws.

8. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

In Short: We will retain your information only as long as necessary for the purposes stated in this Privacy Policy.

We will keep your personal information only as long as it is required for the purposes outlined in this Privacy Policy, unless a longer retention period is necessary or permitted by law. In general, we will delete your personal information when we no longer have a lawful basis for processing your personal information. If deletion is not feasible (for instance, if your personal information is stored in backup archives), we will securely store your personal information and isolate it from any further processing until deletion is possible.

9. HOW DO WE KEEP YOUR PERSONAL INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational measures designed to protect the security of your personal information. However, please be aware that no transmission of data over the internet or method of electronic storage is completely secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You should only access our Services within a secure environment.

10. DO WE COLLECT PERSONAL INFORMATION FROM MINORS?

In Short: We do not knowingly collect personal information from minors under the age of 13 (or the relevant age of majority in the jurisdiction where the minor resides).

Our Services are not intended for or directed at minors. We do not knowingly collect personal information from individuals under the age of 13 (or the relevant age of majority in the jurisdiction where the minor resides). If we learn that we have inadvertently gathered personal information from a minor without appropriate consent from a parent or guardian, we will take steps to delete that information as soon as possible.

If you believe that we might have collected personal information from a minor, please contact us using the details provided in the “HOW CAN YOU CONTACT US ABOUT THIS POLICY?” section below, so that we can take appropriate measures.

11. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In regions such as the United States and Canada, you have rights that provide you with greater control over your personal information. You can review, modify, or terminate your account at any time.

In some regions, including the United States and Canada, you have specific rights under applicable data protection laws. These rights may include:

 

• • Access and Portability: You can request access to your personal information and, in certain circumstances, receive a copy of it. You may also have the right to data portability.

• • Rectification and Erasure: You can request that we correct any inaccuracies in your personal information or delete it, subject to legal obligations.

• • Restriction of Processing: In certain situations, you have the right to restrict the processing of your personal information.

• • Objection to Processing: You can object to the processing of your personal information, under certain conditions.

If you would like to exercise any of these rights, please contact us using the information provided in the “HOW CAN YOU CONTACT US ABOUT THIS POLICY?” section below.

Withdrawal of Consent: If we rely on your consent to process your personal information, you have the right to withdraw that consent at any time. This will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on other lawful processing grounds permitted by applicable law.

Opting Out of Marketing Communications: You can opt out of receiving marketing and promotional communications from us at any time by following the instructions included in those communications or by contacting us directly.

Account Information: If you wish to review, correct, or delete the information associated with your account, you can do so by logging into your account settings or contacting us for assistance.

Cookies and Similar Technologies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject cookies. This may impact certain features of our services.

For questions or concerns about your privacy rights, you can email us at veronica@thumbo.app.

12. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

 

• • Email, Phone Number, Age Group

Category	Examples	Collected
A. Identifiers	Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name	YES
B. Personal information categories listed in the California Customer Records statute	Name, contact information, education, employment, employment history, and financial information	NO
C. Protected classification characteristics under California or federal law	Gender and date of birth	NO
D. Commercial information	Transaction information, purchase history, financial details, and payment information	NO
E. Biometric information	Fingerprints and voiceprints	NO
F. Internet or other similar network activity	Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements	YES
G. Geolocation data	Device location	YES
H. Audio, electronic, visual, thermal, olfactory, or similar information	Images and audio, video or call recordings created in connection with our business activities	YES
I. Professional or employment-related information	Business contact details in order to provide you our services at a business level or job title, work history, and professional qualifications if you apply for a job with us	NO
J. Education Information	Student records and directory information	NO
K. Inferences drawn from other personal information	Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics	YES

We may also collect other personal information outside of these categories in instances where you interact with us in person, online, or by phone or mail in the context of:

 

• • Receiving help through our customer support channels;

• • Participation in customer surveys or contests; and

• • Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

Thumbo collects and shares your personal information through:

 

• • Signing up on our web-app through a QR code showcased on a team’s jumbotron or videoboard

• • Targeting cookies/Marketing cookies

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at veronica@thumbo.app, by calling us at 646-678-1308, by visiting thumbo.app or by referring to the contact details at the bottom of this document.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal information.

Thumbo has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months.

Your rights with respect to your personal information

Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed — Request to know

Depending on the circumstances, you have a right to know:

 

• • whether we collect and use your personal information;

• • the categories of personal information that we collect;

• • the purposes for which the collected personal information is used;

• • whether we sell your personal information to third parties;

• • the categories of personal information that we sold or disclosed for a business purpose;

• • the categories of third parties to whom the personal information was sold or disclosed for a business purpose;

• • the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

 

• • You may object to the processing of your personal information.

• • You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.

• • You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

• • You may request to opt out from future selling of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.

Financial Incentives

“Financial incentive” means a program, benefit, or other offering, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information.

The law permits financial incentives or a price or service difference if it is reasonably related to the value of the consumer’s data. A business must be able to explain how the financial incentive or price or service difference is reasonably related to the value of the consumer’s data. The explanation must include:

 

• • A good-faith estimate of the value of the consumer’s data that forms the basis for offering the financial incentive or price or service difference; and

• • A description of the method the business used to calculate the value of the consumer’s data.

We may decide to offer a financial incentive (e.g., price or service difference) in exchange for the retention or sale of a consumer’s personal information.

If we decide to offer a financial incentive, we will notify you of such financial incentive and explain the price difference, as well as material terms of the financial incentive or price of service difference, including the categories of personal information that are implicated by the financial incentive or price or service difference.

If you choose to participate in the financial incentive you can withdraw from the financial incentive at any time by emailing us at veronica@thumbo.app, by calling us at 646-678-1308, by visiting thumbo.app, or by referring to the contact details at the bottom of this document.

14. DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we may update this Privacy Policy from time to time, including as necessary to stay compliant with relevant laws.

We may update this Privacy Policy from time to time. If we make changes, we will notify you by revising the Effective Date at the top of this policy, and we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your personal information.

Additional Information for Users in the European Economic Area (EEA)

If you are located in the European Economic Area (EEA), including the Netherlands, the following additional information applies to you.

Data Controller

For activations conducted in partnership with European sports organizations, including Netherlands Basketball, the relevant sports organization is the data controller of the personal data collected through the activation. Thumbo acts as a data processor, processing personal data on behalf of the sports organization.

The data controller determines the purposes and means of processing personal data, including how it is used for fan engagement, marketing, and sponsor communications.

Categories of Data Collected

We may collect:

• First and last name
  
  
• Email address
  
  
• Interaction data related to participation in predictions, polls, or trivia
  
  

Lawful Basis for Processing

Personal data is processed on the basis of:

• The user’s consent (Article 6(1)(a) GDPR), provided at the time of submission; and/or
  
  

The data controller’s legitimate interest in conducting fan engagement and marketing activities (Article 6(1)(f) GDPR).

Your Rights Under GDPR

If you are located in the EEA, you have the following rights:

• Right of access
  
  
• Right to rectification
  
  
• Right to erasure (“right to be forgotten”)
  
  
• Right to restrict processing
  
  
• Right to data portability
  
  
• Right to object to processing
  
  
• Right to withdraw consent at any time
  
  

To exercise these rights, please contact [insert email address]. We will respond in accordance with applicable law.

You also have the right to lodge a complaint with your local data protection authority.

International Data Transfers

Personal data may be transferred to and processed in countries outside the European Economic Area, including the United States. Where such transfers occur, appropriate safeguards are implemented in accordance with GDPR, including Standard Contractual Clauses approved by the European Commission.

Data Retention

Personal data collected during European activations is retained only for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable law. The data controller determines the applicable retention period.

By participating, you acknowledge that your information may be shared with Netherlands Basketball and its official sponsors for marketing and promotional purposes, in accordance with their respective privacy policies.

15. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this Privacy Policy, you may contact us by email at veronica@thumbo.app.

If you have any further questions or comments, you may also contact us by mail at the following corporate address:

THUMBO, INC

31 Vista Rd

Roslyn Heights, New York, U.S. 11577
Phone: 646-678-1308